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ADOBA
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STATE

(2018) JELR 39441 (SC)

Supreme Court 23 Mar 2018 Nigeria
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- The appellant was charged with conspiracy to commit armed robbery and armed robbery. - The trial court found the appellant guilty of conspiracy and robbery, but not armed robbery. - The Court of Appeal affirmed the conviction and sentence

Case Details

Suit Number:SC.430/2014
Judges:OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria
Counsel:Oladipo Olasope, Esq. For Appellant Henry Eshijonam Omu, Esq. For Respondent

OLUKAYODE ARIWOOLA, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Ibadan Division, Coram: Hon. Justice Chidi Nwaona Uwa, JCA, Hon. Justice Obietonbara Daniel Kalio, JCA and Hon. Justice Haruna Simon Tsanmani, JCA. The Court's judgment was delivered on the 27th March, 2014 affirming the judgment of the trial Court, delivered on 15th day of December, 2010.

The appellant as the second accused person and one other had been charged with the offences of conspiracy to commit armed robbery and armed robbery, contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R11, Laws of the Federation, 2004.

Upon arraignment, the two accused persons pleaded not guilty to the charge and the case proceeded to trial. The prosecution called three witnesses while each of the two accused testified but called no other witness. The case of the prosecution goes thus:

On the 1st day of May, 2008, the two accused persons - one Mich…

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